Substitute Senate Bill No. 1094

Public Act No. 01-70

AN ACT CONCERNING LICENSING REQUIREMENTS FOR CERTAIN RELATIVE CAREGIVERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-114 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No child in the custody of the Commissioner of Children and Families shall be placed with any person, unless such person is licensed by the department for that purpose. Any person licensed by the department to accept placement of a child is deemed to be licensed to accept placement as a foster family or prospective adoptive family. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish the licensing procedures and standards. Any criminal records check conducted by the commissioner shall be a criminal records check requested from the State Police Bureau of Identification and the Federal Bureau of Investigation.

(b) Notwithstanding the requirements of subsection (a) of this section, the commissioner may place a child with a relative who is not licensed for a period of up to [forty-five] ninety days when such placement is in the best interests of the child, provided a satisfactory home visit is conducted, a basic assessment of the family is completed and such relative attests that such relative and any adult living within the household have not been convicted of a crime or arrested for a felony against a person, for injury or risk of injury to or impairing the morals of a child, or for the possession, use or sale of a controlled substance. [Placements with a relative beyond such forty-five-day period shall be subject to certification by the commissioner.] Any such relative who accepts placement of a child in excess of such ninety-day period shall be subject to licensure by the commissioner, except that any such relative who, prior to July 1, 2001, had been certified by the commissioner to provide care for a related child may continue to maintain such certification if such relative continues to meet the regulatory requirements and the child remains in such relative's care. The commissioner may grant a waiver, for a child placed with a relative, on a case-by-case basis, from such procedure or standard, except any safety standard, based on the home of the relative and the needs and best interests of such child. The reason for any waiver granted shall be documented. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish certification procedures and standards for a caretaker who is a relative of such child.

Sec. 2. This act shall take effect July 1, 2001.

Approved June 6, 2001